News & Analysis as of

Restraint of Trade Anti-Competitive

BCLP

Formalism on the Chopping Bock - the ECJ’s judgment in Super Bock

BCLP on

The ECJ’s recent preliminary ruling in C-211/22 - Super Bock Bebidas (“Super Bock”) is significant for businesses and competition authorities. It is well-established that categorisation of conduct as a ‘by object’...more

Frantz Ward LLP

Unlocking the Handcuffs: Department of Justice Obtains Guilty Plea in “No-Poach” Hiring Agreement Case

Frantz Ward LLP on

The Department of Justice has claimed its first victory in attacking “no-poach” agreements after a Nevada staffing company pled guilty and was sentenced to pay $134,000.  The case arose out of a concerted effort by the...more

Jenner & Block

Latest Decisions in Criminal No-Poach and Civil Non-Compete Cases Indicate Continuing Scrutiny of Restrictive Covenants

Jenner & Block on

Parties in Criminal No-Poach Case Reach Pre-Trial Resolution - Recently, the parties in United States v. Hee notified District Court Judge Boulware of the District of Nevada that they reached a preliminary plea deal. The...more

Bilzin Sumberg

Mortgage Brokers File Class Action Against Leading Wholesale Mortgage Lender

Bilzin Sumberg on

United Wholesale Mortgage (UWM), the nation’s largest wholesale mortgage lender, announced on March 4, 2021, that it would no longer do business with mortgage brokers who also worked with Rocket Mortgage (the online loan...more

Akin Gump Strauss Hauer & Feld LLP

Competitive Health Insurance Reform Act Signed Into Law, Repeals More Than Half-Century-Old Antitrust Exemption for US Health...

Key Points - Until recently, the McCarran-Ferguson Act of 1954 made the “business of insurance,” including the business of health insurance, immune from federal antitrust laws. - The Competitive Health Insurance Reform...more

ArentFox Schiff

US DOJ Issues First Indictment for No-Poach Agreement

ArentFox Schiff on

In 2016, the US Department of Justice issued its Antitrust Guidance for Human Resources Professionals (Antitrust Guidance), in which it warned that criminal charges may result if corporations enter into “naked no-poach...more

White & Case LLP

FTC v. Qualcomm

White & Case LLP on

On May 21, 2019, the United States District Court for the Northern District of California found that Qualcomm violated the Federal Trade Commission (FTC) Act, in an antitrust decision significant to licensing...more

International Lawyers Network

1-800 Contacts Unlawfully Restricted Competitors’ Trademark Use in Search Engine Marketing

The Federal Trade Commission (FTC) recently decided that agreements reached by 1-800 Contacts, Inc. with a number of its competitors to settle claims that the competitors’ online search advertising infringed on 1-800...more

Patterson Belknap Webb & Tyler LLP

Soul’d Out Festival Challenges Coachella’s Demand for Noncompete Clause Despite Sold Out Shows

On April 9, 2018, the producer of  the Soul’d Out music festival in Portland, Oregon, sued the owners and producers of the Coachella music festival in California for what it alleges are anticompetitive contract terms that...more

Robins Kaplan LLP

Does Coachella Violate Antitrust Laws?

Robins Kaplan LLP on

Coachella Valley Music and Arts Festival owner Anschutz Entertainment Group Inc. (“AEG”) and its subsidiaries and affiliates were hit with a lawsuit for allegedly using anticompetitive practices such as prohibiting artists...more

Sheppard Mullin Richter & Hampton LLP

Attempt to Monopolize Claim Fails Where Plaintiff Cannot Establish Approach to Monopoly Power in Properly Defined Relevant Market

Practitioners interested in the real world application of an attempt to monopolize claim under Section 2 of the Sherman Act, will find Savory Pie Guy a “good read” for the New Year. Savory Pie Guy, LLC v. Comtec Industries,...more

Mintz - Sports Entertainment Viewpoints

NCAA’s System of Amateurism

Former UCLA basketball star and NCAA champion Ed O’Bannon was the lead plaintiff in a 2009 class action lawsuit that was the first serious challenge to the lifeblood of the NCAA’s very existence: all of its players are unpaid...more

Mintz

Camels and Dogs, Oh My! Defendant Documents Doom Health Provider Trade Association and Insurers’ Motion to Dismiss Antitrust Suit

Mintz on

Over two and one-half years after it was initially filed, an antitrust suit brought by plaintiff ambulatory surgery centers (“ASCs”) against health insurers and a trade association of competing health systems is finally...more

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